DUI Breath Testing

Zach Smith is an Implied Consent Test Lawyer in Tulsa, Oklahoma

In Oklahoma, we have what is called the Oklahoma Implied Consent Law, also known as OICL. That means that before asking you to submit to a test, the arresting officer must read the following.

Because it is cheaper and consumes less time, the arresting officer typically uses a breath test as opposed to a blood test, but the blood test is generally considered more accurate.

Should You Take the Breath Test?

As drunk driving lawyers we are asked this question all of the time. In our professional opinions, the short answer is probably not. If you refuse to take the breath test, the Department of Public Safety (DPS) will immediately take the steps necessary to revoke your driver’s license. However, if you take the test and your BAC is .08 or higher, or if you are under the age of 21 with a BAC of .02 or higher, then the State’s DUI case against you is not only much stronger, but DPS will seek to revoke your license anyway.

Do what you feel comfortable doing, but if you have been drinking for several hours, it is probably not a good idea to take the test.

You DO NOT have a right to speak with your attorney prior to taking the test. If you are arrested CALL US IMMEDIATELY at 918.582.2520. DUI Lawyer Zach Smith, The Tulsa DUI Guy, is available 24 hours a day, 7 days a week.

IF YOU DO take the breath test, IMMEDIATELY request a blood test in addition to the breath test. CALL US IMMEDIATELY at 918.582.2520. We are available 24 hours a day, 7 days a week. Your case is time sensitive.

What is the Intoxilyzer?

The Intoxilyzer 5000 Breath Machine is a machine that measures a person’s Breath Alcohol Concentration (BAC). In Oklahoma a person’s BAC must be tested twice, and both tests must be within .03 of each other. For example, if the first test is a .07 (DWI), the second test can range from .04 (No Offense) to .10 (a DUI).

If your test is .05-.07, you will be charged with a DWI. If it is .08 or higher, you will be charged with a DUI. If you are under 21 years of age, any measurable amount of alcohol in your system will result in a DUI charge.

How Does the Test Affect You?

In Oklahoma, if your BAC (breath alcohol concentration) is .08 or higher, this is legally sufficient to charge you with a DUI or APC. If your BAC is .05-.07, this is legally sufficient to charge you with a DWI.

Just because your BAC is .08 or higher does NOT mean you will necessarily be convicted of a DUI. Please call us as soon as possible so that we can schedule a free initial consultation. We know what to do, and can ease this time of stress for you.

Portable Breath Test Devices: The portable breath test devices are NOT certified by the State of Oklahoma and the BAC (breath alcohol concentration) numbers displayed by them cannot be used as the official number against you.
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